Legalism

Author: Judith N. Shklar
Publisher: Harvard University Press
ISBN: 9780674523517
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Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.

Legalism

Author: Fernanda Pirie
Publisher: Oxford University Press, USA
ISBN: 0198716575
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That law is, or should be, related to justice generally goes without saying; that communities are the basis for (or objects of) laws is also easily assumed; and notable theories of justice explicitly or implicitly elide the two. In this volume historians and anthropologists use empirical examples to unpick conceptual knots formed by law, justice, and community, asking how these relations appear in practice, and how fundamental they are.

Legalism

Author: Paul Dresch
Publisher: Oxford University Press
ISBN: 0191068322
Format: PDF, Kindle
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Mainstream historians in recent decades have often treated formal categories and rules as something to be 'used' by individuals, as one might use a stick or stone, and the gains of an earlier legal history are often needlessly set aside. Anthropologists, meanwhile, have treated rules as analytic errors and categories as an imposition by outside powers or by analysts, leaving a very thin notion of 'practice' as the stuff of social life. Philosophy of an older vintage, as well as the work of scholars such as Charles Taylor, provides fresh approaches when applied imaginatively to cases beyond the traditional ground of modern Europe and North America. Not only are different kinds of rules and categories open to examination, but the very notion of a rule can be explored more deeply. This volume approaches rules and categories as constitutive of action and hence of social life, but also as providing means of criticism and imagination. A general theoretical framework is derived from analytical philosophy, from Wittgenstein to his critics and beyond, and from recent legal thinkers such as Schauer and Waldron. Case-studies are presented from a broad range of periods and regions, from Amazonia via northern Chad, Tibet, and medieval Russia to the scholarly worlds of Roman law, Islam, and Classical India. As the third volume in the Legalism series, this collection draws on common themes that run throughout the first two volumes: Legalism: Anthropology and History and Legalism: Community and Justice, consolidating them in a framework that suggests a new approach to rule-bound systems.

Legalism

Author: Georgy Kantor
Publisher: Oxford University Press
ISBN: 019254375X
Format: PDF, Mobi
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In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated? Property and ownership cannot be reduced to natural rights, nor do they straightforwardly reflect power relations: the rules through which property is articulated tend to be conceptually subtle. As the fourth volume in the Legalism series, this collection draws on common themes that run throughout the first three volumes: Legalism: Anthropology and History, Legalism: Community and Justice, and Legalism: Rules and Categories consolidating them in a framework that suggests a new approach to legal concepts.

Balance Or Bondage

Author: Lorretta Kelley
Publisher: Charisma Media
ISBN: 1599791846
Format: PDF, ePub, Mobi
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Exposing Legalism in the Pulpit Regardless of what you have suffered in the church--God can bring you healing and complete restoration! Loretta Kelley reveals how healing an restoration await those who have been hurt in any way by their church no matter how great the abuse, mistreatment, or confusion inflicted upon them. "God really does care!" This unusual and helpful book is for anyone who: has had problems at one time in the church is still struggling with feelings and emotions regarding past and present problems in their church is seeking complete healing through Jesus Christ According to Reverend Kelley: "Those who taste real freedom and liberty in Christ will never want to go back to bondage again."

The Perils of Global Legalism

Author: Eric A. Posner
Publisher: University of Chicago Press
ISBN: 0226675920
Format: PDF
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The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

Breaking the Bondage of Legalism

Author: Neil T. Anderson
Publisher: Harvest House Publishers
ISBN: 0736935592
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Neil Anderson (author of the bestselling "The Bondage Breaker(TM)") and his coauthors expose the trauma of legalism--and show how Christ liberates us from trying to be "good enough for God." According to a recent poll, 57 percent of Christians strongly agree the Christian life is well summed-up as "trying hard to do what God commands." But biblically, making laws our "lord" estranges us from Christ! The authors reveal... "the chains of legalism: " shame, guilt, pride "the keys to liberty: " knowing who we are in Christ, resting in the Father's love "the life of freedom: " joyful friendship with God, obedience viewed properly Here's encouragement for defeated believers--and an appeal to the church to be free in Christ.

Adversarial Legalism

Author: Robert A. KAGAN
Publisher: Harvard University Press
ISBN: 9780674039278
Format: PDF, Kindle
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American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism." Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods. Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.

The Book of Lord Shang

Author: Yang Shang
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584772417
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Shang, Yang. The Book of Lord Shang. A Classic of the Chinese School of Law. Translated from the Chinese with Introduction and Notes by Dr. J.J.L. Duyvendak. London: Arthur Probsthain, 1928. xiv, 346 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002024318. ISBN 1-58477-241-7. Cloth. $80. * Reprint of Volume XVII in Probsthain's Oriental Series. With a Chinese index and an index of names and references. The Book of Lord Shang was probably compiled sometime between 359 and 338 BCE. Along with the Han Fei-Tzu, it is one of the two principal sources of Legalism, a school of Chinese political thought. Legalism asserts that human behavior must be controlled through written law rather than through ritual, custom or ethics because people are innately selfish and ignorant. The law is not effective when it is based on goodness or virtue; it is effective when it compels obedience. This is essential to preserve the stability of the State. Roscoe Pound recommended this book for the study of old Chinese law in Outlines of Lectures on Jurisprudence (5th ed.) 235.